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HomeMy WebLinkAbout81231 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 RESOLUTION NO. 8;:1'23 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS GRANTING A WATER AND SEWER EASEMENT TO PROPERTY OWNERS IMPROVEMENT DISTRICT NO. 247 OF PULASKI COUNTY, ARKANSAS. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Mayor and City Clerk are hereby authorized to execute the necessary documents granting a water and sewer easement to Property Owners Improvement District No. 24.7 of Pulaski County, Arkansas as shown on Exhibits A and B attached hereto. ADOPTED: April 4, 1989 ATTEST: CITY VCLERK JANE STODOLA, CITY ATTORNEY APPROVED: MAYOR 10,OYD G. VILLINES, III 181 Q- -65 C- -9 RIGHT -OF -WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS: mr = .. THAT the City of Little Rock, a municipal corporation, duly organized pursuant to the laws of the State of Arkansas, GRANTOR, pursuant to Resolution No. 8,123 adopted ArmU 4 , 1989 by the Board of Directors, for the sum of Ten no /100 Dollars ------------------------------ _ ($ in.no ), and other valuable consideration paid by the Property Owners Improvement District No. 247 of Pulaski County, Arkansas, the receipt of which is hereby acknowledged, does hereby, subject to prior recorded mortgages and easements, if any, grant, bargain, sell, and convey unto the Property Owners Improvement District No. 247 of Pulaski County, Arkansas, GRANTEE, and unto the GRANTEE'S successors and assigns forever, the following described easements: 1. A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the purpose of permitting GRANTEE to clear and keep clear the surface of the right -of -way and to lay, construct, maintain, repair, replace, test and inspect underground water mains, whether one or more, and surface appurtenances thereto, now and at different times in the future, without the payment of additional compensation therefor. Subject to prior easements of record and except as hereinafter stated, the GRANTEE shall have the exclusive use of this right -of -way. The GRANTOR may hereafter use the surface of the easement for any purpose not inconsistent with the rights hereby conveyed, but may not place a building, footing, wall, structure or other improvement upon the right -of -way except that, after GRANTEE'S initial construction is completed, the GRANTOR may pave the easement surface and may use it for driveways, walks or parking areas. The GRANTOR may permit other utility services to cross this easement at approximately right angles, but only if such utilities first comply with whatever specifications the GRANTEE may designate at the time for the protection of its own facilities. This permanent easement shall be upon the following described lands situated in Pulaski County, Arkansas, to -wit: An easement fifteen (15) feet in width coincident with the Northerly right of way line of Kanis Road, and being the extreme Southerly 15 feet of that certain 0.5725 acre, more or less, tract of land located in the NW 14 of Section 6, Township I North, i Range 13 West, Pulaski County, Arkansas, conveyed by Winrock Development Company to the City of Little Rock by Quitclaim Deed dated June 15, 1988, and recorded as Instrument No. 88 -53972 in the records of the Circuit Clerk of Pulaski County, Arkansas. 2. A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT for the purpose of permitting the GRANTEE to remove all timber and obstructions therefrom and to make excavations, store excavated materials, tools, supplies, and equipment and provide working space. This temporary easement shall begin when the GRANTEE commences its initial work on the permanent easement and shall terminate two years from that date or when that work is completed, whichever is earlier This temporary easement shall be upon the following described lands situated in Pulaski County, Arkansas, to -wit: NONE i`s;; k1Es �v AFN W RIGHT -OF -WAY EASEMENT 18 D PAGE TWO Upon completion of the initial or any subsequent work by the GRANTEE, the GRANTEE shall backfill and thoroughly compact all excavations to minimize settling and shall level the surface over its excavations and pipelines, remove all excess excavated materials and debris and leave the premises in a clean sanitary condition. If the initial or any subsequent work by the GRANTEE damages any fence, curb or paved surface upon the rights -of -way, the GRANTEE, at its expense, shall repair or replace the damaged portion with materials of like quality and as nearly as possible to its prior condition. The execution of this easement does not give the GRANTOR the right to connect to or receive service from any waterworks facility; the right to make connections and receive service shall be subject to the rules, regulations, policies or ordinances in effect at the time of application. To have and to hold said easements, rights and privileges unto the GRANTEE, and unto its successors and assigns forever, for the purposes aforesaid. And GRANTOR convenants with GRANTEE, its successors and assigns, that subject to prior recorded mortgages and easements, if any, GRANTOR will forever warrant and defend the title to said easements and rights against the claims of all persons whomsoever and that GRANTEE, its successors and assigns, shall have at all times the quiet use and enjoyment of said easements and rights. IN WITNESS WHEREOF this instrument is executed this 40 6b day of f , 1989. CITY OF LITTLE ROCK Attest: By: By: J e zech, i y Clerk Floyd G. "Buddyl Vil lines, Mayor STATE OF ARKANSAS COUNTY OF PULASKI 1, /i 1) bJ*to— —Al2 fi( O G /C , Notary Public in and for said County and in the State aforesaid, do hereby certify that Floyd G. "Buddy" Villines, personally known to me to be the Mayor of the City of Little Rock, Arkansas, and Jane Czech, personally known to me to be the City Clerk of the City of Little Rock, Arkansas, appeared before me this day in person and severally acknowledged that as such City Mayor and City Clerk, they signed and sealed the said instrument and caused the seal of the City of Little Rock, Arkansas, to be affixed thereto pursuant to the authority of the Board of Directors of the City of Little Rock, Arkansas, as to their free and voluntary act and deed of said City of Little Rock, for the uses and purposes therein set forth. Given under my hand and notarial seal this lazy,, day of 1989. My Commission expires: q -/ Notary Public q -3 -90 w w w RIGIIT -OF -WAY EASEMENT 189 PAGE TWO Upon completion of the initial or any subsequent work by the GRANTEE, the GRANTEE shall backfill and thoroughly compact all excavations to minimize settling and shall level the surface over its excavations and pipelines, remove all excess excavated materials and debris and leave the premises in a clean sanitary condition. If the initial or any subsequent work by the GRANTEE damages any fence, curb or paved surface upon the rights -of -way, the GRANTEE, at its expense, shall repair or replace the damaged portion with materials of like quality and as nearly as possible to its prior condition. The execution of this easement does not give the GRANTOR the right to connect to or receive service from any waterworks facility; the right to make connections and receive service shall be subject to the rules, regulations, policies or ordinances in effect at the time of application. To have and to hold said easements, rights and privileges unto the GRANTEE, and unto its successors and assigns forever, for the purposes aforesaid. And GRANTOR convenants with GRANTEE, its successors and assigns, that subject to prior recorded mortgages and easements, if any, GRANTOR will forever warrant and defend the title to said easements and rights against the claims of all persons whomsoever and that GRANTEE, its successors and assigns, shall have at all times the quiet use and enjoyment of said easements and rights. IN WITNESS WHEREOF this instrument is executed this J( _day of mil 1989. CITY OF LITTLE ROCK Attest: By: ge6IZ2 ltdz By: 944� J e zech, Cify Clerk Floyd G. "Buddy'f Villines, Mayor STATE OF ARKANSAS COUNTY OF PULASKI I, /i .ndb /e -142 fVCOG/C , Notary Public in and for said County and in the State aforesaid, do hereby certify that Floyd G. "Buddy" Villines, personally known to me to be the Mayor of the City of Little Rock, Arkansas, and Jane Czech, personally known to me to be the City Clerk of the City of Little Rock, Arkansas, appeared before me this day in person and severally acknowledged that as such City Mayor and City Clerk, they signed and sealed the said instrument and caused the seal of the City of Little Rock, Arkansas, to be affixed thereto pursuant to the authority of the Board of Directors of the City of Little Rock, Arkansas, as to their free and voluntary act and deed of said City of Little Rock, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of 1989. My Commission expires: a Li- o Notary Public T` VVriITE- DATEHS E, ASSui:iA1 LS, INL, [MIL EN_NG, LIWNINMELAPIWRVEM — 401 Victory Street Little Rock Ars 72201 i✓_'�7 MA,?7c'n;�M " r <J�r�Q ��,�1 t 5�� 13� 63 ,III 19 on A 1 uy 42 V �i lli l� r �1� N 1,5 O6 N 5 KAN 20A Ce3crn�nr /t ' 2 w /mo�overnenf `rlcr /V° ?47 Cify of Leff /C IPXz , A�ker�s�5 /ce a /00 G�spS /c ace% /r> FCef Legal Description A 15 ft. wide Easement for a waterline located in the NW 1/4, Section 6, T -1 -N, R -134, Pulaski County, Arkansas, the Northerly line of said Easement being 15 ft. North of and parallel with the following described line: Starting at the Northeast corner of the NW 1/4, Said Section 6; thence S 00" 57' 50" W along the East line of said NW 1/4, 2443.56 ft, to a point; thence N 40" 01' 20" W, 581.40 ft. to a point; thence N 46" 56' 34" W. 576.83 ft, to a point; thence N Z5" 02' 45" E. 45.11 to a point; thence N 66" 08' 05" W, 139.63 ft. to a point; thence S 24" 38' 51" W, 336.67 ft. to a point on the Northerly right -of -way line of Kanis . Road; thence N 78" 04' 06" W along said Northerly right -of -way line, 273.74 ft. to a point; thence N 74" 42' 26" W and continuing along said Northerly right -of -way line, 139.44 ft. to the point of beginning; thence N 74" 42' 26" W and continuing along said Northerly right -of -way line, 5.0 ft, to the point of 'termination of the line described herein. j,ep a7; Un +n tl7: (La.1.J a�: nyyrow U�. RIGHT -OF -WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS: 191 That the CITY OF LITTLE ROCK, a municipal corporation, duly organized pursuant to the laws of the State of Arkansas, GRANTOR, pursuant to Resolution No. 8,123 adopted Aptit 4, 1989 by the Board of Directors, for the sum of Ten and no 100 Dollars---------------------------------- ($ 10.00 ), and other valuable consideration paid by the Property Owners Improvement District No. 247 of Pulaski County, Arkansas, the receipt of which is hereby acknowledged, does hereby, subject to prior recorded mortgages and easements, if any, grant, bargain, sell, and convey unto the PROPERTY OWNERS IMPROVEMENT DISTRICT NO. 247 OF PULASKI COUNTY, ARKANSAS, GRANTEE, and unto the GRANTEE'S successors and assigns forever, the following described easements: 1. A PERMANENT RIGHT, PRIVILEGE AND EASEMENT for the purpose of permitting the GRANTEE to clear and keep clear the surface of the right of way and to (a) lay, construct, operate, maintain, repair, replace, reconstruct, test, inspect and add sewer mains and sewer lines, whether one or more, and without the payment of additional compensation therefor; (b) keeping the easement clear of all buildings and other improvements of any kind; and (c) having the right to free ingress and egress across adjacent lands of the GRANTOR to the lands hereinafter described. Subject to prior easements of record and except as hereinafter stated, the GRANTEE shall have the exclusive use of this right of way and easement; and the GRANTOR may hereinafter use the surface of the easement for any purpose not inconsistent with the rights hereby conveyed, but may not place a building, footing, wall, structure, or other improvement upon the right of way except that, after the initial sewer construction is completed, the GRANTOR may pave the easement surface and may use it for driveways, walks or parking areas. The GRANTOR may permit other utility services to cross this easement at approximately right angles, but only if such utilities first comply with whatever specifications the GRANTEE may designate at the time for the protection of its own facilities. This.permanent easement shall be upon the following described lands situated in Pulaski County, Arkansas, to -wit: A fifteen (15) foot wide sanitary sewer easement, being the extreme East 15 feet of that certain 0.5725 acre, more or less, tract.of land located in the NW /4 of Section 6, Township 1 North, Range 13 West, Pulaski County, Arkansas, conveyed by Winrock Development Company to the City of Little Rock by Quitclaim Deed dated June 15, 1988, and recorded as Instrument No. 88 -53972 in the records of the Circuit Clerk of Pulaski County, Arkansas. I 192 RTC,HT -OF -WAY EASEMENT - PAGE TWO 2. A TEMPORARY RIGHT, PRIVILEGE AND EASEMENT for the purpose of permitting the GRANTEE to remove all timber and obstructions therefrom and to make excavations, store excavated materials, tools, supplies, and equipment and provide working space. This temporary easement shall begin when the GRANTEE commences the initial work on the permanent easement and shall terminate two years after that date or when that work is completed, whichever is earlier. This temporary easement shall be upon the following described land situated in Pulaski County, Arkansas, to -wit: All of that certain 0.5725 acre, more or less, tract of land described under the aforementioned Instrument No. 88 -53972 less and except the extreme East 15 feet thereof. Upon completion of the initial or any subsequent work by the GRANTEE, the GRANTEE shall backfill and thoroughly compact all excavations to minimize settling and shall level the surface over its excavations and pipelines, remove all excess excavated materials and debris and leave the premises in a clean sanitary condition. If the initial or any subsequent work by the GRANTEE damages any fence, curb or paved surface upon the rights -of -way, the GRANTEE, at its expense, shall repair or replace the damaged portion with materials of like quality and as nearly as possible to its prior condition. The execution of this easement does not give the GRANTOR the right to connect to or receive service from any sewer or wastewater facility; the right to make connections and receive service shall be subject to the rules, regulations, policies or ordinances in effect at the time of application. To have and to hold said easements, rights and privileges unto the GRANTEE, and unto its successors and assigns forever for the purposes aforesaid. .And GRANTOR covenants with GRANTEE, its successors and assigns, that subject to prior recorded mortgages and easements, if any, GRANTOR will forever warrant and defend the title to said easements and rights against the claims of all persons whomsoever and that GRANTEE, its successors and assigns, shall have at all times the quiet use and enjoyment of said easements and rights. IN WITNESS A WHEREOF this instrument is executed this day of czi Q, 1989. Attest: By: Qa"x2 &,& J e Czech, y Clerk CITY OF LITTLE ROCK By: 4i 1�W� Floyd G. "Bud y" Villines, Mayor RIGHT OF WAY EASEMENT - PAGE THREE 9 0 STATE OF ARKANSAS COUNTY OF PULASKI I , �X h [a I ) HQ u .4 "jr , Notary Public in and for said County and in the State aforesaid, do hereby certify that Floyd G. "Buddy" Villines, personally known to me to be the Mayor of the City of Little Rock, Arkansas, and Jane Czech, personally known to me to be the City Clerk of the City of Little Rock, Arkansas, appeared before me this day in person and severally acknowledged that 'as such City Mayor and City Clerk, they signed and sealed the foregoing instrument and caused the seal of the City of Little Rock, Arkansas, to be affixed thereto pursuant to the authority of the Board of Directors of the City of Little Rock, Arkansas, as to their free and voluntary act and deed of said City of Little Rock, for the uses and purposes therein set forth. Given under my hand and notarial seal this _day of CA-40Q ALI 1989. My Commission expires: � � Nota y Publ� c N' W ^+� V � hl ,� 10'� v N �1 IIII 11 'o 2 _ C JWGIN j*`L N JWEVWWENT. J*YIN* _ • 401 Victory Street ,0 Little Rock, Arkansas 72201 rr'a�,�waY 00.1' N 725 - X3.74= A 0 146 S)b d3 6?7o2r z Z i A� SF,t�dn zo Ded/cotlolS i I Q FERmANENT EASEmENT, Q TEmvcngRY Cce3.;�I,crlo�J CgsEme,J' Legal Description - 194 N`l66 \o, \MI 0 Ox��r City (n; f #Icy L_I l I I A 15 ft, wide sanitary sewer easement more particularly described as: The East 15 ft. of the following described property: Part of the NW 1/4, Section 6, T -1 -N, R -13 -W, Pulaski County, Arkansas, more particularly described as: Starting at the Northeast corner of th NW 1/4, said Section 6; thence S 0" 57' 50" W along the East line of said NW 1/4, 2443.56 ft, to a point; thence N 400 01' 20" W, 581.40 ft, to a point; thence N 46" 56' 34" W, 576.83 ft. to a point; thence N 25" 02' 45" E, 45.11 ft, to a point; thence N 66" 08' 05" W, 139.63 ft. to a point; thence S 24" 38' 57" W, 336.67 ft. to a point; thence N 780 04' 06" W, 273.74 ft. to a point; thence N 74" 42' 26" W, 139.44 ft. to a point on the Northerly right -of -way line of Kanis Road and the point of beginning; thence N 74° 42' 26 W along said right -of -way line, 5.0 ft. to a point; thence N 19" 29' 28" E. 552.79 ft. to a point on the South right -of -way line of West Markham Parkway; thence S 60" 25' 26" E along said South right -of -way line, 66.34 ft. to a point; thence Southeasterly and continuing along said South right -of -way line, being the arc of a 691.72 ft. radius curve to the left, having a chord bearing and distance of S 650 55' 10" E, 20.4 ft. to a point' 190 O, - I Y M ` � Cr t II o� �L 2 N a Y.` U WW ` 1 ' N d i �� � � ,'t �'�u ' Ytltlli '➢ ryq ➢NL 1 M-FI..y. 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